Guidance for Distributing Fiscal Year 2006 Contract Support Funds and Indian Self-Determination Funds, 5676-5679 [E6-1393]
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Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices
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[FR Doc. 06–1010 Filed 1–31–06; 1:14 pm]
BILLING CODE 4410–10–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Guidance for Distributing Fiscal Year
2006 Contract Support Funds and
Indian Self-Determination Funds
Bureau of Indian Affairs,
Interior.
ACTION: Notice of methodology for
distribution and use of FY 2006
AGENCY:
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Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices
Contract Support Funds and Indian
Self-Determination Funds.
SUMMARY: The Bureau of Indian Affairs
(Bureau) is publishing this notice to
inform the public, the tribes, and
Federal staff of the methodology that
will be used for the distribution of
Contract Support Funds (CSF) and
Indian-Self Determination Funds (ISDF)
for FY 2006. These funds are distributed
as authorized by the Indian SelfDetermination and Education
Assistance Act of 1975, as amended,
and financed with funds appropriated
under the Snyder Act. This distribution
methodology is published to ensure
eligible recipients and responsible
federal employees are aware of program
operations for this fiscal year. This is a
guidance document, it is not
establishing regulations.
DATES: The ‘‘FY 2006 CSF Needs
Report’’ is due June 30, 2006. Final
distribution of CSF will be made on a
pro-rata basis on or about July 15, 2006.
FY 2006 ISDF will be distributed on a
first come, first served basis, until funds
are depleted.
ADDRESSES: Submit the ‘‘FY 2006 CSF
Needs Report’’ to: Harry Rainbolt,
Bureau of Indian Affairs, Office of Tribal
Services, 1951 Constitution Avenue
NW, Mail Stop 320–SIB, Washington,
DC 20240.
FOR FURTHER INFORMATION CONTACT:
Harry Rainbolt, (202) 513–7630.
SUPPLEMENTARY INFORMATION: Title I and
title IV of Public Law 93–638, the Indian
Self-Determination and Education
Assistance Act of 1975, as amended,
authorizes the Bureau to annually
distribute CSF and ISDF. In making
these distributions for FY 2006, the
Bureau will follow the procedures in
this notice.
The request for FY 2006 ISDF for new
and expanded contracts and selfgovernance funding agreements may be
submitted to the Bureau throughout the
year as the need arises. Approved
requests will be funded until the ISDF
is depleted.
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Part 1—Contract Support Funds
1.1 What Is the Purpose of Contract
Support Funds (CSF)?
The Bureau provides CSF to meet the
indirect cost need identified for
ongoing/existing self-determination
contracts and self-governance compacts
that are financed with funds
appropriated pursuant to the Snyder Act
(25 U.S.C. 13). [Note that 25 U.S.C.
450j–3, restricts the use of CSF for only
self-determination contracts and selfgovernance compacts. Congress directed
in the FY 2006 appropriations bill,
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however, that the Secretary continue to
distribute indirect and administrative
cost funds to tribes and tribal
organizations that received such funds
in FY 2003 or FY 2004.]
1.2 How Does BIA Determine Eligibility
for CSF?
All self-determination contractors and
self-governance tribes/consortia with
either an approved indirect cost rate, a
current indirect cost proposal on file
with the National Business Center
(NBC), or an approved current lump
sum agreement are eligible to receive
CSF.
1.3 How Does the Bureau Determine
Indirect Cost Need and CSF Amounts
for Contracts and Annual Funding
Agreements?
The methodology used to determine
indirect cost amount and CSF need is as
follows:
(1) Total current year Program fund
amount;
(2) Less exclusions; exclusions are
determined as follows:
(a) For Construction under Public Law
93–638, as amended, title I, section
106(h), the amount of construction
funding provided for the actual ‘‘on-theground’’ construction activities is an
exclusion.
(b) For a Direct Cost Base consisting
of Salaries and Wages, all costs except
‘‘Salaries and Wages’’ are exclusions.
(c) For a Direct Cost Base consisting
of ‘‘total direct costs less capital
expenditures and pass-through, such as
those items requiring minimal
administrative effort,’’ capital
expenditures and pass-through items are
considered exclusions.
Capital Expenditure: The acquisition
of items of personal property with an
individual value of $5,000 or more, and
real property acquisition, renovation or
repair with a value of $5,000 or more.
Pass-Through: Those program
expenditures for items requiring
minimal level of effort to be performed
by tribal administrative personnel, such
as: grants to individuals (i.e.,
scholarship grants, general assistance
grants, etc.); leases; subcontracts;
management and/or professional
agreements; etc.
(3) Direct Cost Base amount;
(4) Times indirect cost rate;
(5) Indirect cost amount;
(6) Times current CSF funding
percentage; and
(7) CSF amount.
1.4 What Is Designated as an Ongoing/
Existing Contract or Funding
Agreement?
An ongoing/existing contract or
annual funding agreement is a Bureau
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5677
program operated under a selfdetermination contract or a selfgovernance compact on an ongoing
basis, which was entered into before the
current fiscal year. Examples:
(1) All contracted or compacted
programs, functions, services, activities
or those included in annual funding
agreements in the previous fiscal year
and continued in the current fiscal year
that are financed with funds
appropriated to the Bureau;
(2) Direct funding increases for
programs financed with funds
appropriated to the Bureau; and
(3) Programs, functions, services, or
activities started or expanded in the
current fiscal year that are a result of a
change in priorities from other already
contracted, annual funding agreement
programs, functions, services, or
activities financed with funds
appropriated to the Bureau.
1.5 Does an Increase or Decrease in the
Level of Funding From Year to Year
Affect the Designation of a Contract or
Annual Funding Agreement?
No.
1.6 Can I Use Current Fiscal Year CSF
to Pay a Prior Year Indirect Cost
Shortfall?
No. The use of current year CSF to
pay prior year indirect cost shortfall is
not authorized.
1.7 Are There Any Restrictions on
Distributing CSF for Indirect Cost?
Yes. The following conditions must
be met before the Bureau distributes
CSF to pay indirect cost:
(1) Programs, functions, services,
activities, or portions thereof, must be
financed with funds appropriated under
the Snyder Act (25 U.S.C. 13); and
(2) Programs, functions, services,
activities, or portions thereof, must be
included in a Bureau self-determination
contract or a self-governance funding
agreement.
1.8 Is There Any Other Exclusion?
Yes. Self-determination contracts or
self-governance agreements that receive
appropriated funds from other
Department of the Interior bureaus,
offices, or other sources are not eligible
to receive CSF.
1.9 How Can Tribes or Tribal
Organizations Find Funding to Pay for
Their Indirect Cost Needs for Programs
That Are Excluded From Receiving CSF?
Those programs that are not eligible to
receive CSF or ISDF to cover indirect
cost needs must contact the specific
program funding source to determine
the methodology for covering the
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Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices
indirect cost need for those programs.
This may entail using funds provided
for the contracted services to cover the
indirect cost need. For example, funding
for Indian Reservation Roads
construction is transferred to the Bureau
from the Federal Highway Trust Fund
by the Department of Transportation.
Therefore, this program is excluded
from receiving CSF to cover the indirect
cost need and must use funds provided
for the construction activity to cover
their indirect cost needs.
1.10 How Does the Bureau Determine
the Amount of CSF a Tribe or Tribal
Organization Is Eligible To Receive?
See the computation methodology in
section 1.3 of this notice.
1.11 How Does the Bureau Decide What
Direct Cost Base To Use To Determine
CSF Need?
BIA will use the following procedures
to determine the direct cost base:
If a tribe’s direct cost base is
Then BIA will make the following adjustments
(1) Total direct cost, less capital expenditures and pass-through ...........
(1) Total direct cost, minus exclusions = direct cost base amount. (Exclusions will be on-the-ground construction costs, capital expenditures and pass-through.)
(2) Look at program budget and identify amount for salaries and
wages. (The exclusions will be funding amounts for everything except salaries and wages.)
(3) The exclusions will be amounts for on-the-ground construction
costs, capital expenditures and pass-through funds.
(2) Total salaries and wages ....................................................................
(3) A negotiated Lump Sum Agreement direct cost base is the total
current year program funds, less amount for on-the-ground construction costs, capital expenditures and pass-through.
1.12 How Does the Bureau Determine
What Indirect Cost Rate To Use When
Calculating the Amount of CSF Eligible
Tribes or Tribal Organizations Will
Receive?
will receive, BIA follows the following
procedures:
When calculating the amount of CSF
eligible tribes or tribal organizations
If
Then
(1) The tribe or tribal organization has an approved indirect cost rate
negotiated with the National Business Center (NBC) or an indirect
cost proposal currently under consideration by the NBC.
(1) The Regional Director or Office of Self-Governance Director must
use the tribe’s or tribal organization’s current rate, if approved, or, if
not approved, the proposed indirect cost rate currently under consideration.
(2) The most current rate must be used.*
(2) The tribe or tribal organization proposes to use the prior-year approved rate*.
(3) A tribe or tribal organization that can document that they are unable
to negotiate an indirect cost rate because of circumstances beyond
their control may request negotiation of a lump sum amount**.
(2) The Awarding Official may negotiate a reasonable lump sum
amount (not to exceed 15%) with the tribe or tribal organization for
FY 2005.**
*This rate is temporary and subject to finalization through negotiation with NBC, and may result in actual over or under recovery of indirect
cost.
**Beginning in FY 2004, a reasonable lump sum amount must not exceed 15 percent of total current year program funds, less capital expenditure and pass-through.
1.13 What Happens if the Amount
Identified in the ‘‘FY 2006 CSF Needs
Report’’ Exceeds the Available FY 2006
CSF Amount?
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The CSF distribution will be made on
a pro rata basis so that all eligible tribes
and tribal organizations receive the
same percentage of their reported need.
For example, if the pro rata amount is
92 percent, each tribe or tribal
organization will receive 92 percent of
their identified indirect cost need.
1.14 Who Is Responsible for Submitting
the ‘‘CSF Needs Report’’ to the Bureau?
Each regional office and the Office of
Self-Governance must submit a ‘‘CSF
Needs Report’’ for ongoing/existing
contracts and funding agreements.
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1.15 How Does the Bureau Distribute
CSF to Tribes and Tribal Organizations?
(1) In the initial distribution of CSF,
the Bureau will distribute to each
regional office and the Office of SelfGovernance 85 percent of the total
amount of CSF provided in the previous
fiscal year. From this 85 percent, the
regional office will award 75 percent of
the CSF need identified for each
contract or annual funding agreement
that meets the established criteria.
(2) In the second or final allotment of
CSF, all tribal contractors and selfgovernance tribes/consortia will receive
a pro-rated share of the CSF, based on
the program funds in the contract or
annual funding agreement at that time.
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1.16 What Can I Do To Cover My Total
CSF Needs if the CSF Provided Is
Insufficient?
If your CSF funds are insufficient, you
may reprogram funds provided for the
operation of programs to make up
deficiencies to recover your full indirect
cost need. This reprogramming
authority is limited to funds in the
Tribal Priority Allocation (TPA) portion
of the Bureau budget, or annual funding
agreement.
1.17 Can Funds From Other Bureau
Programs That Are Not in the TPA Be
Used To Meet CSF Shortfall?
No. Congressional appropriation
language does not provide authority for
the Bureau to reprogram funds from
other Bureau programs to meet any CSF
shortfall.
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Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices
5679
1.18 What Are the Definitions of the
Terms ‘‘New Contract or Annual
Funding Agreement’’ and ‘‘Expanded
Contract or Annual Funding
Agreement’’?
(a) A new contract or annual funding
agreement is defined as the initial
transfer of a program, function, service,
or activity previously operated by the
Bureau to a tribe, tribal organization or
consortium.
(b) An expanded contract or annual
funding agreement is defined as a
contract or annual funding agreement
which has become enlarged, during the
current fiscal year through the
assumption of additional programs,
functions, services, or activities (or
portion thereof) previously operated by
the Bureau.
will fund requests at 100 percent of the
‘‘identified and approved need’’ until
the ISDF is depleted.
2.4 What Happens if Requests Are
Received After the ISDF Have Been
Depleted?
2.2 How Does the Bureau Distribute
ISDF For a New and Expanded Contract
or Annual Funding Agreement?
The ISDF request will not be funded
for the fiscal year. However, requests
received after the ISDF have been
depleted will be considered first for
ISDF funding in the following fiscal
year.
Part 2—Indian Self-Determination
Funds
A complete request package for new/
expanded contracts or annual funding
agreement must contain:
(1) Indirect cost needs; and
(2) Startup cost needs.
2.1 How Are Indian Self-Determination
Funds (ISDF) Distributed?
The Bureau provides ISDF on a ‘‘firstcome, first-served’’ basis. The Bureau
Each regional office or the Office of
Self-Governance must submit an ‘‘ISDF
Needs Request’’ to the Office of Tribal
Services when a new contract or annual
funding agreement is awarded, or
existing contracts or annual funding
agreements are expanded.
2.3 What Must a Complete ‘‘ISDF
Request Package’’ for New and
Expanded Contracts/Annual Funding
Agreements Contain?
2.5 How Does the Bureau Compute the
Indirect Cost Need?
We compute the indirect cost need
following the indirect cost computation
methodology provided in this
announcement at section 1.3.
2.6 How Does BIA Determine What
Indirect Cost Rate To Use When
Calculating the Amount of ISDF Eligible
Tribes or Tribal Organizations Will
Receive?
When calculating the amount of ISDF
eligible tribes or tribal organizations
will receive, the Bureau follows the
following procedures:
If
Then
(1) The tribe or tribal organization has an approved indirect cost rate
negotiated with the National Business Center (NBC) or an indirect
cost proposal currently under consideration by the NBC.
(1) The Regional Director or Office of Self-Governance Director must
use the tribe’s or tribal organization’s current rate, if approved, or, if
not approved, the proposed indirect cost rate currently under consideration.
(2) The most current NBC rate must be used.*
(2) The tribe or tribal organization proposes to use the prior-year approved NBC rate*.
(3) A tribe or tribal organization that can document that they are unable
to negotiate an indirect cost rate because of circumstances beyond
their control may request negotiation of a lump sum amount**.
(3) The Awarding Official may negotiate a reasonable lump sum
amount (not to exceed 15 percent) with the tribe or tribal organization for FY 2004.**
*This rate is temporary and subject to finalization through negotiation with NBC, and may result in actual over or under recovery of indirect
cost.
**Beginning in FY 2004, a reasonable lump sum amount must not exceed 15 percent of total current year program funds, less capital expenditure and pass-through.
Startup costs are direct costs for items
that are identified in the program
operational budget for the new or
expanded contract/annual funding
agreements. These costs must be
allowable costs, allocable to the new or
expanded program, and reasonable
within the context of the operational
budget.
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2.8 What Information for a ‘‘Startup
Cost’’ Request Must I Include in the
ISDF Request Package?
The request must contain:
(1) A copy of the program operational
budget for the new or expanded
contract/annual funding agreement
activity, with the startup cost items
identified;
(2) A copy of the program operational
budget narrative; and
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(3) Documentation of the provision of
technical assistance and negotiation in
regard to the startup cost items.
2.11 Are There Any Guidelines That
Can Be Used To Help Provide Technical
Assistance?
2.9 Will the Bureau Consider Funding
Requests That Do Not Meet the
Requirement of Section 2.8?
No. The Bureau will not consider
funding ISDF requests that do not
contain the items in section 2.8 of this
notice.
Yes. Use the ‘‘Guidance for Contract
Support Costs’’ handbook to assist in
the negotiation and providing technical
assistance for startup cost. You may
obtain a copy of this handbook by
calling the telephone number provided
in the FOR FURTHER INFORMATION
CONTACT section.
2.10 Are There Any Contracts or
Agreements That Cannot Receive ISDF?
2.7 What Is Considered ‘‘Startup Cost’’
Need?
2.12 What Happens to an Incomplete
ISDF Request?
Yes. Self-determination contracts or
self-governance agreements that receive
appropriated funds from other
Department of the Interior bureaus,
offices, or other sources are not eligible
to receive ISDF.
The request will be returned to the
office of origin for proper completion
and resubmission.
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Dated: January 18, 2006.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary—
Indian Affairs.
[FR Doc. E6–1393 Filed 2–1–06; 8:45 am]
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]]>Agencies
[Federal Register Volume 71, Number 22 (Thursday, February 2, 2006)]
[Notices]
[Pages 5676-5679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1393]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Guidance for Distributing Fiscal Year 2006 Contract Support Funds
and Indian Self-Determination Funds
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of methodology for distribution and use of FY 2006
[[Page 5677]]
Contract Support Funds and Indian Self-Determination Funds.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Indian Affairs (Bureau) is publishing this
notice to inform the public, the tribes, and Federal staff of the
methodology that will be used for the distribution of Contract Support
Funds (CSF) and Indian-Self Determination Funds (ISDF) for FY 2006.
These funds are distributed as authorized by the Indian Self-
Determination and Education Assistance Act of 1975, as amended, and
financed with funds appropriated under the Snyder Act. This
distribution methodology is published to ensure eligible recipients and
responsible federal employees are aware of program operations for this
fiscal year. This is a guidance document, it is not establishing
regulations.
DATES: The ``FY 2006 CSF Needs Report'' is due June 30, 2006. Final
distribution of CSF will be made on a pro-rata basis on or about July
15, 2006. FY 2006 ISDF will be distributed on a first come, first
served basis, until funds are depleted.
ADDRESSES: Submit the ``FY 2006 CSF Needs Report'' to: Harry Rainbolt,
Bureau of Indian Affairs, Office of Tribal Services, 1951 Constitution
Avenue NW, Mail Stop 320-SIB, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Harry Rainbolt, (202) 513-7630.
SUPPLEMENTARY INFORMATION: Title I and title IV of Public Law 93-638,
the Indian Self-Determination and Education Assistance Act of 1975, as
amended, authorizes the Bureau to annually distribute CSF and ISDF. In
making these distributions for FY 2006, the Bureau will follow the
procedures in this notice.
The request for FY 2006 ISDF for new and expanded contracts and
self-governance funding agreements may be submitted to the Bureau
throughout the year as the need arises. Approved requests will be
funded until the ISDF is depleted.
Part 1--Contract Support Funds
1.1 What Is the Purpose of Contract Support Funds (CSF)?
The Bureau provides CSF to meet the indirect cost need identified
for ongoing/existing self-determination contracts and self-governance
compacts that are financed with funds appropriated pursuant to the
Snyder Act (25 U.S.C. 13). [Note that 25 U.S.C. 450j-3, restricts the
use of CSF for only self-determination contracts and self-governance
compacts. Congress directed in the FY 2006 appropriations bill,
however, that the Secretary continue to distribute indirect and
administrative cost funds to tribes and tribal organizations that
received such funds in FY 2003 or FY 2004.]
1.2 How Does BIA Determine Eligibility for CSF?
All self-determination contractors and self-governance tribes/
consortia with either an approved indirect cost rate, a current
indirect cost proposal on file with the National Business Center (NBC),
or an approved current lump sum agreement are eligible to receive CSF.
1.3 How Does the Bureau Determine Indirect Cost Need and CSF Amounts
for Contracts and Annual Funding Agreements?
The methodology used to determine indirect cost amount and CSF need
is as follows:
(1) Total current year Program fund amount;
(2) Less exclusions; exclusions are determined as follows:
(a) For Construction under Public Law 93-638, as amended, title I,
section 106(h), the amount of construction funding provided for the
actual ``on-the-ground'' construction activities is an exclusion.
(b) For a Direct Cost Base consisting of Salaries and Wages, all
costs except ``Salaries and Wages'' are exclusions.
(c) For a Direct Cost Base consisting of ``total direct costs less
capital expenditures and pass-through, such as those items requiring
minimal administrative effort,'' capital expenditures and pass-through
items are considered exclusions.
Capital Expenditure: The acquisition of items of personal property
with an individual value of $5,000 or more, and real property
acquisition, renovation or repair with a value of $5,000 or more.
Pass-Through: Those program expenditures for items requiring
minimal level of effort to be performed by tribal administrative
personnel, such as: grants to individuals (i.e., scholarship grants,
general assistance grants, etc.); leases; subcontracts; management and/
or professional agreements; etc.
(3) Direct Cost Base amount;
(4) Times indirect cost rate;
(5) Indirect cost amount;
(6) Times current CSF funding percentage; and
(7) CSF amount.
1.4 What Is Designated as an Ongoing/Existing Contract or Funding
Agreement?
An ongoing/existing contract or annual funding agreement is a
Bureau program operated under a self-determination contract or a self-
governance compact on an ongoing basis, which was entered into before
the current fiscal year. Examples:
(1) All contracted or compacted programs, functions, services,
activities or those included in annual funding agreements in the
previous fiscal year and continued in the current fiscal year that are
financed with funds appropriated to the Bureau;
(2) Direct funding increases for programs financed with funds
appropriated to the Bureau; and
(3) Programs, functions, services, or activities started or
expanded in the current fiscal year that are a result of a change in
priorities from other already contracted, annual funding agreement
programs, functions, services, or activities financed with funds
appropriated to the Bureau.
1.5 Does an Increase or Decrease in the Level of Funding From Year to
Year Affect the Designation of a Contract or Annual Funding Agreement?
No.
1.6 Can I Use Current Fiscal Year CSF to Pay a Prior Year Indirect Cost
Shortfall?
No. The use of current year CSF to pay prior year indirect cost
shortfall is not authorized.
1.7 Are There Any Restrictions on Distributing CSF for Indirect Cost?
Yes. The following conditions must be met before the Bureau
distributes CSF to pay indirect cost:
(1) Programs, functions, services, activities, or portions thereof,
must be financed with funds appropriated under the Snyder Act (25
U.S.C. 13); and
(2) Programs, functions, services, activities, or portions thereof,
must be included in a Bureau self-determination contract or a self-
governance funding agreement.
1.8 Is There Any Other Exclusion?
Yes. Self-determination contracts or self-governance agreements
that receive appropriated funds from other Department of the Interior
bureaus, offices, or other sources are not eligible to receive CSF.
1.9 How Can Tribes or Tribal Organizations Find Funding to Pay for
Their Indirect Cost Needs for Programs That Are Excluded From Receiving
CSF?
Those programs that are not eligible to receive CSF or ISDF to
cover indirect cost needs must contact the specific program funding
source to determine the methodology for covering the
[[Page 5678]]
indirect cost need for those programs. This may entail using funds
provided for the contracted services to cover the indirect cost need.
For example, funding for Indian Reservation Roads construction is
transferred to the Bureau from the Federal Highway Trust Fund by the
Department of Transportation. Therefore, this program is excluded from
receiving CSF to cover the indirect cost need and must use funds
provided for the construction activity to cover their indirect cost
needs.
1.10 How Does the Bureau Determine the Amount of CSF a Tribe or Tribal
Organization Is Eligible To Receive?
See the computation methodology in section 1.3 of this notice.
1.11 How Does the Bureau Decide What Direct Cost Base To Use To
Determine CSF Need?
BIA will use the following procedures to determine the direct cost
base:
------------------------------------------------------------------------
Then BIA will make the
If a tribe's direct cost base is following adjustments
------------------------------------------------------------------------
(1) Total direct cost, less capital (1) Total direct cost, minus
expenditures and pass-through. exclusions = direct cost base
amount. (Exclusions will be on-
the-ground construction costs,
capital expenditures and pass-
through.)
(2) Total salaries and wages........... (2) Look at program budget and
identify amount for salaries
and wages. (The exclusions
will be funding amounts for
everything except salaries and
wages.)
(3) A negotiated Lump Sum Agreement (3) The exclusions will be
direct cost base is the total current amounts for on-the-ground
year program funds, less amount for on- construction costs, capital
the-ground construction costs, capital expenditures and pass-through
expenditures and pass-through. funds.
------------------------------------------------------------------------
1.12 How Does the Bureau Determine What Indirect Cost Rate To Use When
Calculating the Amount of CSF Eligible Tribes or Tribal Organizations
Will Receive?
When calculating the amount of CSF eligible tribes or tribal
organizations will receive, BIA follows the following procedures:
------------------------------------------------------------------------
If Then
------------------------------------------------------------------------
(1) The tribe or tribal organization (1) The Regional Director or
has an approved indirect cost rate Office of Self-Governance
negotiated with the National Business Director must use the tribe's
Center (NBC) or an indirect cost or tribal organization's
proposal currently under consideration current rate, if approved, or,
by the NBC. if not approved, the proposed
indirect cost rate currently
under consideration.
(2) The tribe or tribal organization (2) The most current rate must
proposes to use the prior-year be used.*
approved rate*.
(3) A tribe or tribal organization that (2) The Awarding Official may
can document that they are unable to negotiate a reasonable lump
negotiate an indirect cost rate sum amount (not to exceed 15%)
because of circumstances beyond their with the tribe or tribal
control may request negotiation of a organization for FY 2005.**
lump sum amount**.
------------------------------------------------------------------------
*This rate is temporary and subject to finalization through negotiation
with NBC, and may result in actual over or under recovery of indirect
cost.
**Beginning in FY 2004, a reasonable lump sum amount must not exceed 15
percent of total current year program funds, less capital expenditure
and pass-through.
1.13 What Happens if the Amount Identified in the ``FY 2006 CSF Needs
Report'' Exceeds the Available FY 2006 CSF Amount?
The CSF distribution will be made on a pro rata basis so that all
eligible tribes and tribal organizations receive the same percentage of
their reported need. For example, if the pro rata amount is 92 percent,
each tribe or tribal organization will receive 92 percent of their
identified indirect cost need.
1.14 Who Is Responsible for Submitting the ``CSF Needs Report'' to the
Bureau?
Each regional office and the Office of Self-Governance must submit
a ``CSF Needs Report'' for ongoing/existing contracts and funding
agreements.
1.15 How Does the Bureau Distribute CSF to Tribes and Tribal
Organizations?
(1) In the initial distribution of CSF, the Bureau will distribute
to each regional office and the Office of Self-Governance 85 percent of
the total amount of CSF provided in the previous fiscal year. From this
85 percent, the regional office will award 75 percent of the CSF need
identified for each contract or annual funding agreement that meets the
established criteria.
(2) In the second or final allotment of CSF, all tribal contractors
and self-governance tribes/consortia will receive a pro-rated share of
the CSF, based on the program funds in the contract or annual funding
agreement at that time.
1.16 What Can I Do To Cover My Total CSF Needs if the CSF Provided Is
Insufficient?
If your CSF funds are insufficient, you may reprogram funds
provided for the operation of programs to make up deficiencies to
recover your full indirect cost need. This reprogramming authority is
limited to funds in the Tribal Priority Allocation (TPA) portion of the
Bureau budget, or annual funding agreement.
1.17 Can Funds From Other Bureau Programs That Are Not in the TPA Be
Used To Meet CSF Shortfall?
No. Congressional appropriation language does not provide authority
for the Bureau to reprogram funds from other Bureau programs to meet
any CSF shortfall.
[[Page 5679]]
1.18 What Are the Definitions of the Terms ``New Contract or Annual
Funding Agreement'' and ``Expanded Contract or Annual Funding
Agreement''?
(a) A new contract or annual funding agreement is defined as the
initial transfer of a program, function, service, or activity
previously operated by the Bureau to a tribe, tribal organization or
consortium.
(b) An expanded contract or annual funding agreement is defined as
a contract or annual funding agreement which has become enlarged,
during the current fiscal year through the assumption of additional
programs, functions, services, or activities (or portion thereof)
previously operated by the Bureau.
Part 2--Indian Self-Determination Funds
2.1 How Are Indian Self-Determination Funds (ISDF) Distributed?
The Bureau provides ISDF on a ``first-come, first-served'' basis.
The Bureau will fund requests at 100 percent of the ``identified and
approved need'' until the ISDF is depleted.
2.2 How Does the Bureau Distribute ISDF For a New and Expanded Contract
or Annual Funding Agreement?
Each regional office or the Office of Self-Governance must submit
an ``ISDF Needs Request'' to the Office of Tribal Services when a new
contract or annual funding agreement is awarded, or existing contracts
or annual funding agreements are expanded.
2.3 What Must a Complete ``ISDF Request Package'' for New and Expanded
Contracts/Annual Funding Agreements Contain?
A complete request package for new/expanded contracts or annual
funding agreement must contain:
(1) Indirect cost needs; and
(2) Startup cost needs.
2.4 What Happens if Requests Are Received After the ISDF Have Been
Depleted?
The ISDF request will not be funded for the fiscal year. However,
requests received after the ISDF have been depleted will be considered
first for ISDF funding in the following fiscal year.
2.5 How Does the Bureau Compute the Indirect Cost Need?
We compute the indirect cost need following the indirect cost
computation methodology provided in this announcement at section 1.3.
2.6 How Does BIA Determine What Indirect Cost Rate To Use When
Calculating the Amount of ISDF Eligible Tribes or Tribal Organizations
Will Receive?
When calculating the amount of ISDF eligible tribes or tribal
organizations will receive, the Bureau follows the following
procedures:
------------------------------------------------------------------------
If Then
------------------------------------------------------------------------
(1) The tribe or tribal organization (1) The Regional Director or
has an approved indirect cost rate Office of Self-Governance
negotiated with the National Business Director must use the tribe's
Center (NBC) or an indirect cost or tribal organization's
proposal currently under consideration current rate, if approved, or,
by the NBC. if not approved, the proposed
indirect cost rate currently
under consideration.
(2) The tribe or tribal organization (2) The most current NBC rate
proposes to use the prior-year must be used.*
approved NBC rate*.
(3) A tribe or tribal organization that (3) The Awarding Official may
can document that they are unable to negotiate a reasonable lump
negotiate an indirect cost rate sum amount (not to exceed 15
because of circumstances beyond their percent) with the tribe or
control may request negotiation of a tribal organization for FY
lump sum amount**. 2004.**
------------------------------------------------------------------------
*This rate is temporary and subject to finalization through negotiation
with NBC, and may result in actual over or under recovery of indirect
cost.
**Beginning in FY 2004, a reasonable lump sum amount must not exceed 15
percent of total current year program funds, less capital expenditure
and pass-through.
2.7 What Is Considered ``Startup Cost'' Need?
Startup costs are direct costs for items that are identified in the
program operational budget for the new or expanded contract/annual
funding agreements. These costs must be allowable costs, allocable to
the new or expanded program, and reasonable within the context of the
operational budget.
2.8 What Information for a ``Startup Cost'' Request Must I Include in
the ISDF Request Package?
The request must contain:
(1) A copy of the program operational budget for the new or
expanded contract/annual funding agreement activity, with the startup
cost items identified;
(2) A copy of the program operational budget narrative; and
(3) Documentation of the provision of technical assistance and
negotiation in regard to the startup cost items.
2.9 Will the Bureau Consider Funding Requests That Do Not Meet the
Requirement of Section 2.8?
No. The Bureau will not consider funding ISDF requests that do not
contain the items in section 2.8 of this notice.
2.10 Are There Any Contracts or Agreements That Cannot Receive ISDF?
Yes. Self-determination contracts or self-governance agreements
that receive appropriated funds from other Department of the Interior
bureaus, offices, or other sources are not eligible to receive ISDF.
2.11 Are There Any Guidelines That Can Be Used To Help Provide
Technical Assistance?
Yes. Use the ``Guidance for Contract Support Costs'' handbook to
assist in the negotiation and providing technical assistance for
startup cost. You may obtain a copy of this handbook by calling the
telephone number provided in the FOR FURTHER INFORMATION CONTACT
section.
2.12 What Happens to an Incomplete ISDF Request?
The request will be returned to the office of origin for proper
completion and resubmission.
Dated: January 18, 2006.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. E6-1393 Filed 2-1-06; 8:45 am]
BILLING CODE 4310-4J-P
